Ontario Bill 72 (44th Parliament, 1st Session)
Bill 72, 44-1
Ontario — Bills
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Bill 72, Buy Ontario Act, 2025
Crawford, Hon. Stephen Minister of Public and Business Service Delivery and Procurement
Current status:
Royal Assent received. Statutes of Ontario 2025,
chapter 27
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Bill 72 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 72 and does not form part of the law.
Bill 72 has been enacted as
Chapter 27 of the Statutes of Ontario, 2025.
SCHEDULE 1
BUY ONTARIO ACT (PUBLIC SECTOR PROCUREMENT), 2025
The
Schedule enacts the Buy Ontario Act (Public Sector
Procurement), 2025 . The Act authorizes the Management Board of Cabinet
to issue directives requiring public sector entities to comply with specified
procurement policies, procedures or standards. Subsection 3 (2) of the Act
provides that the directives may, among other things, require that preference
be given to Ontario or Canadian made goods or to services provided in Ontario
or Canada. Public sector entities under the Act consist of government entities
and designated broader public sector organizations (both defined with reference
to other statutory
definitions). Additional persons or entities may be
prescribed as public sector entities by regulation (referred to as “prescribed
public sector entities” in the Act).
Under
section 4 of the Act, a public sector entity must require, under a contract
with a third party supply chain manager, that the manager comply with any
requirement imposed under the Act on the public sector entity.
Section 5 of the
Act deems requirements established by directive that apply to a designated
broader public sector organization or a prescribed public sector entity to form
part of agreements or other funding arrangements between the organization or
entity and the Crown or an agent of the Crown.
Section 6 of the Act allows for
the Management Board of Cabinet to direct that funds be withheld from
designated broader public sector organizations or prescribed public sector
entities in cases of non-compliance with a requirement imposed under the Act.
Section 7 of the Act allows the Minister to require reviews of public sector
entities’ compliance with a requirement of the Act or a directive and to take
certain actions following the completion of the review, including directing
that corrective action be undertaken.
The
remaining provisions of the Act address various matters, including the
interaction between the Act and the Discriminatory
Business Practices Act , protections against liability and
regulation-making powers. The Building Ontario Businesses
Initiative Act, 2022 is repealed.
SCHEDULE 2
HIGHWAY TRAFFIC ACT
The
Highway Traffic Act is amended to provide that the
Minister may direct a municipality to install signs in community safety zones
in certain circumstances and that if the municipality does not install the
signs, the Minister may carry out the installation. A related regulation-making
power provides that regulations may require and govern the display of flashing
amber signals in school zones and community safety zones.
SCHEDULE 3
LEGISLATION ACT, 2006
Section
10.1 of the Legislation Act, 2006 provides for a
process by which Acts or provisions of Acts that are to come into force on a
day to be named by order of the Lieutenant Governor in Council, that were
enacted nine or more years before December 31 of the preceding calendar year
and that were not in force on December 31 of the preceding calendar year are
identified by the Attorney General in a report tabled in the Assembly and, in
the absence of specified action being taken, are automatically repealed. This
section is amended to provide that certain provisions of
Schedule 1 to the Protecting Condominium Owners Act, 2015 are not to be
repealed on December 31, 2025.
Bill 72 2025
Act to enact the Buy Ontario Act (Public Sector Procurement), 2025, to repeal
the Building Ontario Businesses Initiative Act, 2022, to amend the Highway
Traffic Act with respect to the installation of certain signs and to amend
section 10.1 of the Legislation Act, 2006 with respect to certain provisions of
the Protecting Condominium Owners Act, 2015
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Buy
Ontario Act (Public Sector Procurement), 2025
Schedule 2
Highway
Traffic Act
Schedule 3
Legislation
Act, 2006
Preamble
The
Government of Ontario is protecting Ontario by using public sector procurement
to support Ontario businesses and workers and to build a more competitive,
resilient and self-reliant provincial economy.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2
and 3, and the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Buy
Ontario Act, 2025 .
Schedule 1
Buy Ontario Act (Public Sector Procurement), 2025
CONTENTS
Definitions
Purpose
Directives
establishing procurement policies, procedures or standards
Supply
chain management contractors
Deemed
part of agreement
Withholding
funds
Compliance
reviews
Not
a discriminatory business practice
Rules
respecting directives
Delegation
Extinguishment
of causes of action
Regulations
Repeal
Commencement
Short
title
Definitions
1 In this Act,
“Board”
means the Management Board of Cabinet; (“Conseil”)
“designated
broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010 ; (“organisme
désigné du secteur parapublic ”)
“Minister”
means the Minister of Public and Business Service Delivery and Procurement or
such other member of the Executive Council to whom responsibility for the
administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)
“prescribed
public sector entity” means a person or entity prescribed by the regulations
made under this Act for the purposes of clause (
c) of the definition of “public
sector entity”; (“entité prescrite du secteur public”)
“public
sector entity” means,
(
a) a
government entity as defined in the Supply Chain
Management Act (Government, Broader Public Sector and Health Sector Entities),
2019 ,
(
b) a
designated broader public sector organization, or
(
c) any
other person or entity prescribed by the regulations made under this Act. (“entité
du secteur public ”)
Purpose
2 The purpose of this Act is to establish a
framework for regulating procurement within the public sector in order to,
(
a) transform
public sector procurement practices on the basis of principles of integrity and
value-for-money and with an aim to supporting economic development and supply
chain resilience; and
(
b) leverage
public sector procurement as a means of promoting, protecting and building
Ontario’s economy and businesses and safeguarding its supply chain.
Directives
establishing procurement policies, procedures or standards
(1) The Board may issue directives
requiring public sector entities to comply with specified procurement policies,
procedures or standards.
Scope
of directives
(2) A
directive under subsection (1) may require a public sector entity to which it
applies to take any measures respecting the procurement of goods and services,
including measures respecting the management of procurement contracts, and may,
without limiting the generality of the foregoing,
(
a) require that preference be given to
Ontario or Canadian made goods or to services provided in Ontario or Canada;
(
b) impose
requirements intended to,
(
i) support
Ontario businesses and promote Ontario made goods or services provided by
Ontario businesses, or
(ii) protect
Ontario businesses by limiting eligibility to participate in public sector
entity procurements;
(
c) require
the implementation of vendor performance standards and practices;
(
d) establish
reporting requirements or procedures, including by authorizing specified
persons to require that a public sector entity report on certain matters when
and as the persons determines; or
(
e) require
public sector entities to use specified compliance and enforcement measures and
to impose those measures on vendors.
Rolling
incorporation by reference
(3) A
directive may incorporate by reference any other government policy or
directive, in whole or in part, with such changes as the Board considers
necessary, and may provide that the reference to the policy or directive
includes amendments made to the policy or directive from time to time after the
directive is issued.
Same
(4) For
the purposes of subsection (3), a government policy or directive includes a
policy or directive established by a government other than the Government of
Ontario.
Supply
chain management contractors
4 A public sector entity that contracts with a
third party supply chain manager shall ensure that the contract requires the
supply chain manager to comply with any requirement imposed under this Act on
the public sector entity, with any necessary modifications.
Deemed
part of agreement
5 Every requirement established under this Act by
directive to which a designated broader public sector organization or a
prescribed public sector entity is subject is deemed to be a requirement with
which the organization or entity must comply under the terms of any agreement
or other funding arrangement between itself and the Crown in right of Ontario
or an agent of the Crown in right of Ontario.
Withholding
funds
(1) If a designated broader public
sector organization or a prescribed public sector entity fails to comply with
any requirement imposed on the organization or entity under this Act, the Board
may direct a minister of the Crown to withhold part or all of any amount
authorized by law to be paid to that organization or entity.
When
amount withheld may be paid
(2) Unless
the Board withdraws its direction under subsection (1), an amount withheld
shall be paid only when the organization or entity complies.
Failure
continuing past fiscal year end
(3) If
the failure to comply continues until March 31 after the Board directed the
withholding and the direction has not been withdrawn by the Board on or before
that date,
(
a) the
organization or entity ceases to be entitled to be paid; and
(
b) the
amount withheld forms part of the Consolidated Revenue Fund.
Public
to be protected
(4) The
organization or entity shall endeavour to minimize any impact of the
application of this
section on its provision of services to the public.
Compliance
reviews
(1) The Minister may require that a
review be conducted of a public sector entity’s compliance with a requirement
of this Act or of a directive under subsection 3 (1).
Conduct
of review
(2) If
the Minister requires that a review be conducted under subsection (1), the
Minister shall designate a person to conduct the review.
Report
(3) After
completing the review, the person designated under subsection (2) shall prepare
a report and submit it to the Minister.
Co-operation
by public sector entity
(4) The
public sector entity that is the subject of the review shall co-operate with
the person designated under subsection (2) and provide the designated person
with access to its records as well as any other information that the designated
person may request to enable the designated person to conduct the review.
Use
and disclosure of information
(5) The
person designated under subsection (2) shall only use information collected
under subsection (4) for the purposes of conducting the review and preparing
the report and shall not disclose the information except in the following
circumstances:
1. The
disclosure of the information is necessary for the purposes of conducting the
review and preparing the report.
2. The
information is disclosed to the Minister or with the Minister’s consent.
3. The
disclosure of the information is otherwise required by law.
Actions
based on report
(6) Upon
reviewing the report submitted under subsection (3), the Minister may do either
or both of the following:
1. Publish,
on a publicly accessible website, any findings stemming from the report
respecting the public sector entity’s compliance with the requirements of this
Act or of a directive under subsection 3 (1).
2. Direct
the public sector entity to undertake corrective action to remedy
non-compliance with a requirement of this Act or a directive under subsection 3
(1).
Not
a discriminatory business practice
8 Anything done or not done by a public
sector entity to comply with a directive under subsection 3 (1) is deemed not
to constitute a discriminatory business practice for the purposes of the Discriminatory Business Practices Act .
Rules
respecting directives
General
or particular
(1) A directive or any of its
provisions may be general or particular in their application.
Classes
(2) The
power to make a directive under subsection 3 (1) includes the power to
prescribe a class.
Same
(3) For
the purposes of subsection (2), a class may be defined,
(
a) in
terms of any attribute or combination of attributes; or
(
b) as
consisting of, including or excluding a specified member.
Public
availability
(4) The
Board shall ensure that a directive issued under subsection 3 (1) is,
(
a) made
available to any person who requests a copy; and
(
b) publicly
posted on a website of the Government of Ontario.
Part
III of the Legislation Act, 2006
(5) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to a directive under subsection 3 (1).
Delegation
(1) The Board may delegate to
any member of the Executive Council or to any person employed in the public
service the power to issue directives under subsection 3 (1), subject to such
limitations and requirements as the Board may specify.
Public
service
(2) In
subsection (1),
“public
service” has the same meaning as in the Management Board
of Cabinet Act .
Extinguishment
of causes of action
(1) No cause
of action arises against the Crown, a public sector entity or any current or
former member of the Executive Council or employee, officer or agent of or
advisor to the Crown or employee, officer, agent or director of or advisor to a
public sector entity as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, directive or
other instrument under this Act; or
(
c) anything
done or not done in accordance with this Act or a regulation, directive or
other instrument under this Act.
remedy
(2) No
costs, compensation or damages, including for loss of revenues or loss of
profit or any other alleged loss, whether direct or indirect, are owing or
payable to any person and no remedy, including but not limited to a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, any equitable remedy or any remedy under any statute, is available
to any person in connection with anything referred to in subsection (1) against
any person referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsections
(2) and (3) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding, claiming any remedy or relief,
including specific performance, injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(5) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(6) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(7) This
section does not apply with respect to proceedings brought by the Crown.
Regulations
12 The Lieutenant Governor
in Council may make regulations for carrying out the purpose and provisions of
this Act, including regulations,
(
a) prescribing
persons or entities for the purposes of clause (
c) of the definition of “public
sector entity” in
section 1;
(
b) defining
terms or expressions used in this Act that are not defined in this Act;
(
c) exempting
a public sector entity from a provision of this Act and specifying conditions
for the exemption;
(
d) addressing
any transitional matters arising from the enactment of this Act or the repeal
of the Building Ontario Businesses Initiative Act, 2022 .
Repeal
13 The Building
Ontario Businesses Initiative Act, 2022 is repealed.
Commencement
(1) Except as otherwise
provided in this section, the Act set out in this
Schedule comes into force on
the day the Buy Ontario Act, 2025 receives Royal
Assent.
(2) Section
13 comes into force on a day to be named by order of the Lieutenant Governor in
Council.
Short
title
15 The
short title of the Act set out in
this
Schedule is the Buy Ontario Act (Public Sector
Procurement), 2025 .
SCHEDULE 2
HIGHWAY TRAFFIC ACT
1 Subsection 128.0.1 (1) of the Highway Traffic Act is amended by striking out “in school
zones” and substituting “in or within 500 metres of a school zone”.
(1) Section 182 of the Act is amended by adding the following
subsection:
Regulations,
amber signals in school zones and community safety zones
(1.1) The
Lieutenant Governor in Council may make regulations,
(
a) requiring the use of flashing amber signals
together with signs that a Minister’s directive under
section 128.0.1 or 215
requires to be installed;
(
b) governing
the display and actuation of the flashing amber signals, including their manner
of display and the timing of display;
(
c) providing
that any requirements respecting the flashing amber signals shall not apply if
a by-law has been made governing the display, actuation or timing of the
signals.
(2) Subsection
182 (2) of the Act is amended by striking out “so erected” at the end and
substituting “so erected, installed or displayed”.
The Act is amended by adding the following section:
Directive
to install signs in community safety zones
(1) The
Minister may issue directives requiring a municipality to,
(
a) install
signs along
a highway under its jurisdiction where the highway is adjacent to land used for
the purposes of a school if the school is in a community safety zone; and
(
b) install
signs along a highway under its jurisdiction within 500 metres of land used for
the purposes of a school if the school is in a community safety zone.
Same
(2) The
Minister may, in a directive, specify a date by which the installation of a
sign must be completed.
Requirement
to comply
(3) A
municipality that receives a directive issued under subsection (1) shall comply
with it.
Same
(4) If
a directive issued under subsection (1) specifies a date by which installation
must be completed, the municipality shall comply with the directive by that
date.
Minister
(5) If
a municipality does not comply with a directive as required by subsection
(3) or (4), the Minister or a person acting on behalf of the Minister may enter
upon a highway under the jurisdiction of the municipality and do anything
necessary to carry out the installation of the signs.
Obstruction
(6) A
person shall not hinder, obstruct or interfere with the installation of signs
under this section.
Municipality
to provide information
(7) A
municipality shall provide to the Minister, by the date specified by the
Minister, any information that the Minister requests to facilitate the
installation of signs under subsection (5).
Minister
powers
(8) The
Minister or a person acting on behalf of the Minister may carry out the
installation of signs under subsection (5) despite any requirement that would
otherwise apply in respect of the installation under
an Act, regulation,
by-law, order, permit, approval or licence.
Commencement
This
Schedule comes into force on the day the Buy Ontario Act,
2025 receives Royal Assent.
SCHEDULE 3
LEGISLATION ACT, 2006
(1) Section 10.1 of the Legislation Act, 2006
is amended by adding the following subsections:
Exception,
Protecting Condominium Owners Act, 2015
(5) Despite
subsection (2), the provisions of
Schedule 1 to the Protecting
Condominium Owners Act, 2015 referred to in subsection (6) shall not be
repealed on December 31, 2025.
Same
(6) The
provisions mentioned in subsection (5) are the following provisions of
Schedule
1 to the Protecting Condominium Owners Act, 2015 :
subsections 1 (2), (11) and (18), sections 14, 18 and 24, subsection 26 (2),
section 28, subsections 36 (2) and (4),
section 37, subsections 39 (2) and (3),
section 40, subsection 44 (1), subsections 46 (2), (3) and (4), subsections 52
(7) and (8),
section 55, subsections 62 (2), (3) and (6), subsections 65 (2),
(3), (4) and (5), subsections 67 (2), (3), (4) and (6), sections 98 and 99,
subsection 107 (2), subsections 114 (1), (3), (4) and (5), sections 115 and
131, subsections 134 (2) and (3) and subsections 144 (2) and (4).
(2) Subsections
10.1 (5) and (6) of the Act, as enacted by subsection (1), are repealed.
Commencement
(1) Except as otherwise provided in this
section, this
Schedule comes into force on the day the Buy
Ontario Act, 2025 receives Royal Assent.
(2) Subsection
1 (2) comes into force on January 1, 2027.
Bill 72 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
BUY ONTARIO ACT (PUBLIC SECTOR PROCUREMENT), 2025
The
Schedule enacts the Buy Ontario Act (Public Sector
Procurement), 2025 . The Act authorizes the Management Board of Cabinet
to issue directives requiring public sector entities to comply with specified
procurement policies, procedures or standards. Subsection 3 (2) of the Act
provides that the directives may, among other things, require that preference
be given to Ontario or Canadian made goods or to services provided in Ontario
or Canada. Public sector entities under the Act consist of government entities
and designated broader public sector organizations (both defined with reference
to other statutory
definitions). Additional persons or entities may be
prescribed as public sector entities by regulation (referred to as “prescribed
public sector entities” in the Act).
Under
section 4 of the Act, a public sector entity must require, under a contract
with a third party supply chain manager, that the manager comply with any
requirement imposed under the Act on the public sector entity.
Section 5 of the
Act deems requirements established by directive that apply to a designated
broader public sector organization or a prescribed public sector entity to form
part of agreements or other funding arrangements between the organization or
entity and the Crown or an agent of the Crown.
Section 6 of the Act allows for
the Management Board of Cabinet to direct that funds be withheld from
designated broader public sector organizations or prescribed public sector
entities in cases of non-compliance with a requirement imposed under the Act.
Section 7 of the Act allows the Minister to require reviews of public sector
entities’ compliance with a requirement of the Act or a directive and to take
certain actions following the completion of the review, including directing
that corrective action be undertaken.
The
remaining provisions of the Act address various matters, including the
interaction between the Act and the Discriminatory
Business Practices Act , protections against liability and
regulation-making powers. The Building Ontario Businesses
Initiative Act, 2022 is repealed.
SCHEDULE 2
HIGHWAY TRAFFIC ACT
The
Highway Traffic Act is amended to provide that the
Minister may direct a municipality to install signs in community safety zones
in certain circumstances and that if the municipality does not install the
signs, the Minister may carry out the installation. A related regulation-making
power provides that regulations may require and govern the display of flashing
amber signals in school zones and community safety zones.
SCHEDULE 3
LEGISLATION ACT, 2006
Section
10.1 of the Legislation Act, 2006 provides for a
process by which Acts or provisions of Acts that are to come into force on a
day to be named by order of the Lieutenant Governor in Council, that were
enacted nine or more years before December 31 of the preceding calendar year
and that were not in force on December 31 of the preceding calendar year are
identified by the Attorney General in a report tabled in the Assembly and, in
the absence of specified action being taken, are automatically repealed. This
section is amended to provide that certain provisions of
Schedule 1 to the Protecting Condominium Owners Act, 2015 are not to be
repealed on December 31, 2025.
Bill 72 2025
Act to enact the Buy Ontario Act (Public Sector Procurement), 2025, to repeal
the Building Ontario Businesses Initiative Act, 2022, to amend the Highway
Traffic Act with respect to the installation of certain signs and to amend
section 10.1 of the Legislation Act, 2006 with respect to certain provisions of
the Protecting Condominium Owners Act, 2015
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Buy
Ontario Act (Public Sector Procurement), 2025
Schedule 2
Highway
Traffic Act
Schedule 3
Legislation
Act, 2006
Preamble
The
Government of Ontario is protecting Ontario by using public sector procurement
to support Ontario businesses and workers and to build a more competitive,
resilient and self-reliant provincial economy.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Contents
of this Act
1 This Act consists of this section, sections 2
and 3, and the Schedules to this Act.
Commencement
(1) Except as otherwise provided in this
section, this Act comes into force on the day it receives Royal Assent.
(2) The
Schedules to this Act come into force as provided in each Schedule.
(3) If
a
Schedule to this Act provides that any of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Buy
Ontario Act, 2025 .
Schedule
Buy Ontario Act (Public Sector Procurement), 2025
CONTENTS
Definitions
Purpose
Directives
establishing procurement policies, procedures or standards
Supply
chain management contractors
Deemed
part of agreement
Withholding
funds
Compliance
reviews
Not
a discriminatory business practice
Rules
respecting directives
Delegation
Extinguishment
of causes of action
Regulations
Repeal
Commencement
Short
title
Definitions
1 In this Act,
“Board”
means the Management Board of Cabinet; (“Conseil”)
“designated
broader public sector organization” has the same meaning as in the Broader Public Sector Accountability Act, 2010 ; (“ organisme
désigné du secteur parapublic ”)
“Minister”
means the Minister of Public and Business Service Delivery and Procurement or
such other member of the Executive Council to whom responsibility for the
administration of this Act may be assigned or transferred under the Executive Council Act ; (“ ministre ”)
“prescribed
public sector entity” means a person or entity prescribed by the regulations
made under this Act for the purposes of clause (
c) of the definition of “public
sector entity”; (“ entité prescrite du secteur public ”)
“public
sector entity” means,
(
a) a
government entity as defined in the Supply Chain
Management Act (Government, Broader Public Sector and Health Sector Entities),
2019 ,
(
b) a
designated broader public sector organization, or
(
c) any
other person or entity prescribed by the regulations made under this Act. (“ entité du
secteur public ”)
Purpose
2 The purpose of this Act is to establish a
framework for regulating procurement within the public sector in order to,
(
a) transform
public sector procurement practices on the basis of principles of integrity and
value-for-money and with an aim to supporting economic development and supply
chain resilience; and
(
b) leverage
public sector procurement as a means of promoting, protecting and building
Ontario’s economy and businesses and safeguarding its supply chain.
Directives
establishing procurement policies, procedures or standards
(1) The Board may issue directives
requiring public sector entities to comply with specified procurement policies,
procedures or standards.
Scope
of directives
(2) A
directive under subsection (1) may require a public sector entity to which it
applies to take any measures respecting the procurement of goods and services,
including measures respecting the management of procurement contracts, and may,
without limiting the generality of the foregoing,
(
a) require that preference be given to
Ontario or Canadian made goods or to services provided in Ontario or Canada;
(
b) impose
requirements intended to,
(
i) support
Ontario businesses and promote Ontario made goods or services provided by
Ontario businesses, or
(ii) protect
Ontario businesses by limiting eligibility to participate in public sector
entity procurements;
(
c) require
the implementation of vendor performance standards and practices;
(
d) establish
reporting requirements or procedures, including by authorizing specified
persons to require that a public sector entity report on certain matters when
and as the persons determines; or
(
e) require
public sector entities to use specified compliance and enforcement measures and
to impose those measures on vendors.
Rolling
incorporation by reference
(3) A
directive may incorporate by reference any other government policy or
directive, in whole or in part, with such changes as the Board considers
necessary, and may provide that the reference to the policy or directive
includes amendments made to the policy or directive from time to time after the
directive is issued.
Same
(4) For
the purposes of subsection (3), a government policy or directive includes a
policy or directive established by a government other than the Government of
Ontario.
Supply
chain management contractors
4 A public sector entity that contracts with a
third party supply chain manager shall ensure that the contract requires the
supply chain manager to comply with any requirement imposed under this Act on
the public sector entity, with any necessary modifications.
Deemed
part of agreement
5 Every requirement established under this Act by
directive to which a designated broader public sector organization or a
prescribed public sector entity is subject is deemed to be a requirement with
which the organization or entity must comply under the terms of any agreement
or other funding arrangement between itself and the Crown in right of Ontario
or an agent of the Crown in right of Ontario.
Withholding
funds
(1) If a designated broader public
sector organization or a prescribed public sector entity fails to comply with
any requirement imposed on the organization or entity under this Act, the Board
may direct a minister of the Crown to withhold part or all of any amount
authorized by law to be paid to that organization or entity.
When
amount withheld may be paid
(2) Unless
the Board withdraws its direction under subsection (1), an amount withheld
shall be paid only when the organization or entity complies.
Failure
continuing past fiscal year end
(3) If
the failure to comply continues until March 31 after the Board directed the
withholding and the direction has not been withdrawn by the Board on or before
that date,
(
a) the
organization or entity ceases to be entitled to be paid; and
(
b) the
amount withheld forms part of the Consolidated Revenue Fund.
Public
to be protected
(4) The
organization or entity shall endeavour to minimize any impact of the
application of this
section on its provision of services to the public.
Compliance
reviews
(1) The Minister may require that a
review be conducted of a public sector entity’s compliance with a requirement
of this Act or of a directive under subsection 3 (1).
Conduct
of review
(2) If
the Minister requires that a review be conducted under subsection (1), the
Minister shall designate a person to conduct the review.
Report
(3) After
completing the review, the person designated under subsection (2) shall prepare
a report and submit it to the Minister.
Co-operation
by public sector entity
(4) The
public sector entity that is the subject of the review shall co-operate with
the person designated under subsection (2) and provide the designated person
with access to its records as well as any other information that the designated
person may request to enable the designated person to conduct the review.
Use
and disclosure of information
(5) The
person designated under subsection (2) shall only use information collected
under subsection (4) for the purposes of conducting the review and preparing
the report and shall not disclose the information except in the following
circumstances:
1. The
disclosure of the information is necessary for the purposes of conducting the
review and preparing the report.
2. The
information is disclosed to the Minister or with the Minister’s consent.
3. The
disclosure of the information is otherwise required by law.
Actions
based on report
(6) Upon
reviewing the report submitted under subsection (3), the Minister may do either
or both of the following:
1. Publish,
on a publicly accessible website, any findings stemming from the report
respecting the public sector entity’s compliance with the requirements of this
Act or of a directive under subsection 3 (1).
2. Direct
the public sector entity to undertake corrective action to remedy
non-compliance with a requirement of this Act or a directive under subsection 3
(1).
Not
a discriminatory business practice
8 Anything done or not done by a public
sector entity to comply with a directive under subsection 3 (1) is deemed not
to constitute a discriminatory business practice for the purposes of the Discriminatory Business Practices Act .
Rules
respecting directives
General
or particular
(1) A directive or any of its
provisions may be general or particular in their application.
Classes
(2) The
power to make a directive under subsection 3 (1) includes the power to
prescribe a class.
Same
(3) For
the purposes of subsection (2), a class may be defined,
(
a) in
terms of any attribute or combination of attributes; or
(
b) as
consisting of, including or excluding a specified member.
Public
availability
(4) The
Board shall ensure that a directive issued under subsection 3 (1) is,
(
a) made
available to any person who requests a copy; and
(
b) publicly
posted on a website of the Government of Ontario.
Part
III of the Legislation Act, 2006
(5) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to a directive under subsection 3 (1).
Delegation
(1) The Board may delegate to
any member of the Executive Council or to any person employed in the public
service the power to issue directives under subsection 3 (1), subject to such
limitations and requirements as the Board may specify.
Public
service
(2) In
subsection (1),
“public
service” has the same meaning as in the Management Board
of Cabinet Act .
Extinguishment
of causes of action
(1) No cause
of action arises against the Crown, a public sector entity or any current or
former member of the Executive Council or employee, officer or agent of or
advisor to the Crown or employee, officer, agent or director of or advisor to a
public sector entity as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, directive or
other instrument under this Act; or
(
c) anything
done or not done in accordance with this Act or a regulation, directive or
other instrument under this Act.
remedy
(2) No
costs, compensation or damages, including for loss of revenues or loss of
profit or any other alleged loss, whether direct or indirect, are owing or
payable to any person and no remedy, including but not limited to a remedy in
contract, restitution, tort, misfeasance, bad faith, trust or fiduciary
obligation, any equitable remedy or any remedy under any statute, is available
to any person in connection with anything referred to in subsection (1) against
any person referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsections
(2) and (3) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding, claiming any remedy or relief,
including specific performance, injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(5) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
expropriation or injurious affection
(6) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(7) This
section does not apply with respect to proceedings brought by the Crown.
Regulations
12 The Lieutenant Governor
in Council may make regulations for carrying out the purpose and provisions of
this Act, including regulations,
(
a) prescribing
persons or entities for the purposes of clause (
c) of the definition of “public
sector entity” in
section 1;
(
b) defining
terms or expressions used in this Act that are not defined in this Act;
(
c) exempting
a public sector entity from a provision of this Act and specifying conditions
for the exemption;
(
d) addressing
any transitional matters arising from the enactment of this Act or the repeal
of the Building Ontario Businesses Initiative Act, 2022 .
Repeal
13 The Building
Ontario Businesses Initiative Act, 2022 is repealed.
Commencement
(1) Except as otherwise
provided in this section, the Act set out in this
Schedule comes into force on
the day the Buy Ontario Act, 2025 receives Royal
Assent.
(2) Section
13 comes into force on a day to be named by order of the Lieutenant Governor in
Council.
Short
title
15 The
short title of the Act set out in
this
Schedule is the Buy Ontario Act (Public Sector
Procurement), 2025 .
SCHEDULE 2
HIGHWAY TRAFFIC ACT
1 Subsection 128.0.1 (1) of the Highway Traffic Act is amended by striking out “in school
zones” and substituting “in or within 500 metres of a school zone”.
(1) Section 182 of the Act is amended by adding the following
subsection:
Regulations,
amber signals in school zones and community safety zones
(1.1) The
Lieutenant Governor in Council may make regulations,
(
a) requiring the use of flashing amber signals
together with signs that a Minister’s directive under
section 128.0.1 or 215
requires to be installed;
(
b) governing
the display and actuation of the flashing amber signals, including their manner
of display and the timing of display;
(
c) providing
that any requirements respecting the flashing amber signals shall not apply if
a by-law has been made governing the display, actuation or timing of the
signals.
(2) Subsection
182 (2) of the Act is amended by striking out “so erected” at the end and
substituting “so erected, installed or displayed”.
The Act is amended by adding the following section:
Directive
to install signs in community safety zones
(1) The
Minister may issue directives requiring a municipality to,
(
a) install
signs along
a highway under its jurisdiction where the highway is adjacent to land used for
the purposes of a school if the school is in a community safety zone; and
(
b) install
signs along a highway under its jurisdiction within 500 metres of land used for
the purposes of a school if the school is in a community safety zone.
Same
(2) The
Minister may, in a directive, specify a date by which the installation of a
sign must be completed.
Requirement
to comply
(3) A
municipality that receives a directive issued under subsection (1) shall comply
with it.
Same
(4) If
a directive issued under subsection (1) specifies a date by which installation
must be completed, the municipality shall comply with the directive by that
date.
Minister
(5) If
a municipality does not comply with a directive as required by subsection
(3) or (4), the Minister or a person acting on behalf of the Minister may enter
upon a highway under the jurisdiction of the municipality and do anything
necessary to carry out the installation of the signs.
Obstruction
(6) A
person shall not hinder, obstruct or interfere with the installation of signs
under this section.
Municipality
to provide information
(7) A
municipality shall provide to the Minister, by the date specified by the
Minister, any information that the Minister requests to facilitate the
installation of signs under subsection (5).
Minister
powers
(8) The
Minister or a person acting on behalf of the Minister may carry out the
installation of signs under subsection (5) despite any requirement that would
otherwise apply in respect of the installation under
an Act, regulation,
by-law, order, permit, approval or licence.
Commencement
This
Schedule comes into force on the day the Buy Ontario Act,
2025 receives Royal Assent.
SCHEDULE 3
LEGISLATION ACT, 2006
(1) Section 10.1 of the Legislation Act, 2006
is amended by adding the following subsections:
Exception,
Protecting Condominium Owners Act, 2015
(5) Despite
subsection (2), the provisions of
Schedule 1 to the Protecting
Condominium Owners Act, 2015 referred to in subsection (6) shall not be
repealed on December 31, 2025.
Same
(6) The
provisions mentioned in subsection (5) are the following provisions of
Schedule
1 to the Protecting Condominium Owners Act, 2015 :
subsections 1 (2), (11) and (18), sections 14, 18 and 24, subsection 26 (2),
section 28, subsections 36 (2) and (4),
section 37, subsections 39 (2) and (3),
section 40, subsection 44 (1), subsections 46 (2), (3) and (4), subsections 52
(7) and (8),
section 55, subsections 62 (2), (3) and (6), subsections 65 (2),
(3), (4) and (5), subsections 67 (2), (3), (4) and (6), sections 98 and 99,
subsection 107 (2), subsections 114 (1), (3), (4) and (5), sections 115 and
131, subsections 134 (2) and (3) and subsections 144 (2) and (4).
(2) Subsections
10.1 (5) and (6) of the Act, as enacted by subsection (1), are repealed.
Commencement
(1) Except as otherwise provided in this
section, this
Schedule comes into force on the day the Buy
Ontario Act, 2025 receives Royal Assent.
(2) Subsection
1 (2) comes into force on January 1, 2027.
Date Bill stage Event Outcome Committee
December 11, 2025
Royal Assent
Royal Assent received
December 8, 2025
Third Reading
Vote
Carried
December 8, 2025
Third Reading
Question put
December 8, 2025
Third Reading
Debated
December 8, 2025
Second Reading
Ordered for Third Reading pursuant to the Order of the House
December 8, 2025
Second Reading
Vote
Carried
December 8, 2025
Second Reading
Question put
December 8, 2025
Second Reading
Time allocated
November 27, 2025
Second Reading
Debated
Debate adjourned
November 27, 2025
Second Reading
Debated
Debate adjourned
November 26, 2025
Second Reading
Debated
Debate adjourned
November 25, 2025
Second Reading
Debated
Debate adjourned
November 20, 2025
First Reading
Ordered for Second Reading
November 20, 2025
First Reading
Vote
Carried
First Reading
November 20, 2025
Carried
Ordered for Second Reading
Second Reading
November 25, 2025
Principal Debaters
Crawford, Hon. Stephen
Oakville
Lecce, Hon. Stephen
King—Vaughan
McCarthy, Hon. Todd
Durham
Questions and Responses
Bell, Jessica
University—Rosedale
Cerjanec, Rob
Ajax
Coe, Lorne
Whitby
Leardi, Anthony
Essex
McMahon, Mary-Margaret
Beaches—East York
November 26, 2025
Principal Debaters
Bell, Jessica
University—Rosedale
Gretzky, Lisa
Windsor West
Questions and Responses
Clancy, Aislinn
Kitchener Centre
Dowie, Andrew
Windsor—Tecumseh
Gates, Wayne
Niagara Falls
Kernaghan, Terence
London North Centre
Rae, Matthew
Perth—Wellington
Smith, Laura
Thornhill
November 27, 2025
Principal Debaters
Bowman, Stephanie
Don Valley West
Cerjanec, Rob
Ajax
Collard, Lucille
Ottawa—Vanier
Denault, Billy
Renfrew—Nipissing—Pembroke
Fairclough, Lee
Etobicoke—Lakeshore
Fife, Catherine
Waterloo
Gallagher Murphy, Dawn
Newmarket—Aurora
McMahon, Mary-Margaret
Beaches—East York
Rakocevic, Tom
Humber River—Black Creek
Schreiner, Mike
Guelph
Questions and Responses
Begum, Doly
Scarborough Southwest
Bell, Jessica
University—Rosedale
Crawford, Hon. Stephen
Oakville
Cuzzetto, Rudy
Mississauga—Lakeshore
Gélinas, France
Nickel Belt
Mamakwa, Sol
Kiiwetinoong
Pinsonneault, Steve
Lambton—Kent—Middlesex
Racinsky, Joseph
Wellington—Halton Hills
Sattler, Peggy
London West
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Smyth, Stephanie
Toronto—St. Paul's
Stevens, Jennifer (Jennie)
St. Catharines
Vaugeois, Lise
Thunder Bay—Superior North
West, Jamie
Sudbury
November 27, 2025
Debated
December 8, 2025
Time allocated
December 8, 2025
Question put
Carried
Ordered for Third Reading pursuant to the Order of the House
Third Reading
December 8, 2025
Principal Debaters
Blais, Stephen
Orléans
Bowman, Stephanie
Don Valley West
Clancy, Aislinn
Kitchener Centre
Collard, Lucille
Ottawa—Vanier
Crawford, Hon. Stephen
Oakville
Fife, Catherine
Waterloo
French, Jennifer
Oshawa
Gates, Wayne
Niagara Falls
Sabawy, Sheref
Mississauga—Erin Mills
Stevens, Jennifer (Jennie)
St. Catharines
Tangri, Hon. Nina
Mississauga—Streetsville
Thompson, Hon. Lisa
Huron—Bruce
Question put
Carried
Royal Assent
December 11, 2025
Royal Assent received